In March this year the Department for Culture, Media and Sport (DCMS) and the Gambling Commission published joint guidance on how they consider the Gaming Act 1968, which remains in force until September 2007, applies to advertisements for remote gaming. The Committees of Advertising Practice (Broadcast and Non-broadcast), abbreviated to CAP - not to be confused with the Casino Advisory Panel - brought the guidance to the attention of the industry following an indication by the DCMS and Gambling Commission that they are willing to bring a test prosecution to demonstrate their interpretation of the Act.

Overseas remote gaming operators are only allowed to ‘inform’ the public of their facilities but ‘invitation’ to subscribe is prohibited. For example, offering a bonus or benefit for gambling is considered illegal. As the Act cannot be enforced against advertisers outside British jurisdiction, criminal liability under the Act will extend to British-based media owners that publish an illegal advertisement. Today CAP will launch a public consultation on the proposed new advertising laws due to come into force in September next year under the Gambling Act 2005.

The Gambling Act will introduce a new regulatory regime for all forms of gambling in Great Britain, including remote gaming. The Act’s three licensing objectives are to ensure that gambling is carried out in a fair and transparent manner; to ensure that gambling is not a source of crime; and to protect children and vulnerable people from exploitation or harm from gambling. As the government believes it would be unsafe to introduce new freedoms into the gambling market before the extensive powers of the Gambling Commission come into force, the advertising of gaming will continue at present to come under existing gambling legislation in the Gaming Act 1968.

From next year television advertisements will be permitted for casinos, betting shops and gambling websites within the restrictions imposed by the Gambling Act. On television and in any other media, gambling advertisements must comply with guidelines to ensure social responsibility and avoid harm. The Advertising Standards Authority will assess compliance and any breach of regulations by printed advertisements will be taken up by the Gambling Commission. Broadcast breaches will go to the Office of Communications (Ofcom), the independent regulator and competition authority for the UK communications industries, with responsibilities across television, radio, telecommunications and wireless communications services. (E-07.18.06)

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